HR 71
112th CONGRESS
1st Session
H. R. 71
To increase the number of Federal air marshals for certain flights,
require criminal investigative training for such marshals, create an office
and appoint an ombudsman for the marshals, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Ms. JACKSON LEE of Texas introduced the following bill; which was referred
to the Committee on Homeland Security
A BILL
To increase the number of Federal air marshals for certain flights,
require criminal investigative training for such marshals, create an office
and appoint an ombudsman for the marshals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `FAMS Augmentation Act of 2011'.
SEC. 2. INCREASE IN THE NUMBER OF FEDERAL AIR MARSHALS.
(a) Increase in Number of Federal Air Marshals- Not later than September 30,
2012, and in accordance with subsection (b), the Assistant Secretary (Transportation
Security Administration) shall increase the number of Federal air marshals
so that not less than 1,750 additional Federal air marshals are hired and
deployed, above the number of such marshals as of January 31, 2010, to ensure
increased transportation security for inbound international flights.
(b) Congressional Intent- The goal of this Act is to increase the number of
inbound flights with Federal air marshals onboard while maintaining Federal
air marshal presence on domestic point-to-point flights at or above the level
as of December 25, 2009.
SEC. 3. TRAINING OF FEDERAL AIR MARSHALS.
Section 44917 of title 49, United States Code, is amended by adding at the
end the following:
`(e) Criminal Investigative Training Program-
`(1) NEW EMPLOYEE TRAINING- Not later than 30 days after the date of enactment
of the FAMS Augmentation Act of 2011, the Federal Air Marshal Service shall
establish a policy requiring Federal air marshals hired after such date
to complete the criminal investigative training program at the Federal Law
Enforcement Training Center as part of basic training for Federal air marshals.
`(2) EXISTING EMPLOYEES- A Federal air marshal who has previously completed
the criminal investigative training program may not be required to repeat
such program.
`(3) ALTERNATIVE TRAINING- Not later than 3 years after the date of enactment
of the FAMS Augmentation Act of 2011, an air marshal hired before such date
who has not completed the criminal investigative training program shall
be required to attend an alternative training program, as determined by
the Director of the Federal Law Enforcement Center, that provides the training
necessary to bridge the gap between the mixed basic police training, the
Federal air marshal programs already completed by the Federal air marshal,
and the criminal investigative training provided through the criminal investigative
training program. Any such alternative program shall be considered to have
met the standards of the criminal investigative training program.
`(4) RESERVATION OF FUNDS- Of the amounts to be appropriated pursuant to
section 6 of the FAMS Augmentation Act of 2011, $3,000,000 may be used to
carry out this subsection for each of fiscal years 2011 and 2012.
`(5) SAVINGS CLAUSE- Nothing in this subsection shall be construed to reclassify
Federal air marshals as criminal investigators.'.
SEC. 4. OMBUDSMAN.
Section 44917 of title 49, United States Code, is further amended by adding
at the end the following:
`(1) ESTABLISHMENT- The Assistant Secretary shall establish in the Federal
Air Marshal Service an Office of the Ombudsman.
`(2) APPOINTMENT- The head of the Office shall be the Ombudsman, who shall
be appointed by the Assistant Secretary.
`(3) DUTIES- The Ombudsman shall carry out programs and activities to improve
morale, training, and quality of life issues in the Service, including through
implementation of the recommendations of the Inspector General of the Department
of Homeland Security and the Comptroller General.
`(4) CAREER RESERVED POSITION- The position of Ombudsman shall be treated
as a career reserved position, as defined by section 3132(a)(8) of title
5, United States Code.
`(5) RESERVATION OF FUNDS- Of the amounts to be appropriated pursuant to
section 6 of the FAMS Augmentation Act of 2011, $1,000,000 may be used to
carry out this subsection for each of fiscal years 2011 and 2012.'.
SEC. 5. REPORTS.
(a) Reports- Beginning 6 months after the date of enactment of this Act and
every 6 months thereafter, until the Department has increased, by not less
than an additional 1,750, the number of Federal air marshals the Assistant
Secretary shall submit a report to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate on the progress of increasing the number of Federal air marshals
under this Act, adopting the alternative criminal investigative training program,
and implementing an ombudsman program for such marshals.
(b) Report Summary- The report shall include a summary of disciplinary personnel
actions implemented against Federal air marshals by the Department of Homeland
Security and complaints and lawsuits filed by Federal air marshals against
the Department or its agents.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act and subsections
(d) and (e) of section 44917 of title 49, United States Code, $190,000,000
for fiscal year 2012 and $172,000,000 for fiscal year 2013.
END
